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Special Development Fees

City of Petaluma, CA

November 9, 2012

City of Petaluma

City Manager’s Office

11 English Street

Petaluma, CA 94952

Web Page http://www.ci.petaluma.ca.us

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DEVELOPMENT & CAPACITY FEES This booklet is a collection of general descriptions of special development fees imposed on new construction in the City of Petaluma. It is intended to serve as a general guideline describing when a fee applies, how it is calculated, and when it is collected. Each description also includes a reference to applicable ordinances, resolutions, and Municipal Code sections where more detailed information can be obtained. This does not include the many general development fees collected as part of the building and planning permit process (i.e., subdivision application, building permits, cost recovery services, etc.). Included are descriptions of the following fees:

• City Facilities Development Impact Fee

• Commercial Development Housing Linkage Fee

• In-Lieu for Provision of Low Income Housing

• Open Space Acquisition Fee

• Park Land Acquisition Fee (Quimby and Non-Quimby Act Projects)

• Park Land Development Impact Fee

• Public Art In-Lieu Fee

• Storm Drain Impact Fee

• Traffic Development Impact Fee

• Wastewater Capacity Fee

• Water Capacity Fee

• Central Petaluma Specific Plan Fee

• Central Petaluma Specific Plan Parking In-Lieu Fee

• School Facilities

Applicants should be aware that all fees are subject to change by Council action as well as annual adjustments. Current fees should always be confirmed. For further information, contact the Community Development Department, 11 English Street, Petaluma, California 94952; phone (707) 778-4301; E-mail [email protected]

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City Facilities Development Impact Fee Amount of Fee The amount of the fee is based on the following schedule.

CITY FACILITIES DEVELOPMENT IMPACT FEE

Land Use Type Fee Unit of Measurement Single Family Residential $5,399 Unit Multifamily Residential $3,635 Unit Accessory Dwelling $1,852 Unit Commercial $1,022 1,000 sq ft of building space Office $978 1,000 sq ft of building space Industrial $622 1,000 sq ft of building space

The amount of the Fee for Mixed Use Development shall be the sum of the following, as applicable:

1. The applicable amount per unit, pursuant to the above schedule, for each residential development within a Mixed Use Development.

2. The applicable amount per 1,000 square feet of Development, pursuant to the above schedule, for each nonresidential Development or portion of such Development within a Mixed Use Development.

Any non-residential development on property on which a building or structure was demolished or on which the use of an existing structure changes to a more intensive use shall pay a prorated fee equal to the fee calculated pursuant to this schedule that is applicable to the new development or use, less the fee applicable to the prior development or use, so long as such prior use was in existence at the time of adoption of General Plan 2025. Time for Fee Payment

1. The Fee shall be charged and paid for each residential development upon the date of final inspection or issuance of the certificate of occupancy for such residential development, whichever is earlier.

2. The Fee shall be charged and paid for each non-residential development upon issuance of the building permit for such non-residential development.

3. If a mixed use development includes residential and non-residential development, the Fee as to the residential portion of the mixed development shall be paid upon the earlier of the date of final inspection or issuance of the certificate of occupancy for such residential portion, and the Fee as to the non-residential portion of the mixed use development shall be paid upon issuance of the building permit for such non-residential portion.

Inapplicability of Fee The Fee shall not apply to the following:

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1. Any alteration or addition to a residential structure, except to the extent that a residential unit

is added to a single family residential unit or another unit is added to an existing multi-family residential unit.

2. Any replacement or reconstruction of an existing residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained within one year after the building was destroyed or demolished. This shall not apply if the replacement or reconstruction increases the square footage of the structure by 50 percent (50%) or more.

3. Any replacement or reconstruction of an existing non-residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained within one year after the building was destroyed or demolished, there is no change in the land use designation of the property, and the square footage of the replacement building does not exceed the square footage of the building that was destroyed or demolished.

4. Any addition to an existing non-residential structure of 500 square feet or less.

5. Any public or quasi-public development on lands designated Public/Semi-Public or Education on the General Plan Land Use Map, as of the effective date of the fee, so long as such development is intended to serve development in the City and does not itself generate a need for additional public infrastructure needed to serve new development, as in the way new residential development generates new residents requiring City services, and new non-residential development generates new employees in the City using City services.

6. Low and/or moderate income senior citizens housing projects owned and developed by a charitable, nonprofit organization recognized as such by the United States Internal Revenue Service and the State of California Franchise Tax Board.

7. The City Council, in its discretion, may determine that the Fee is inapplicable to certain development constructed or to be constructed by a public entity on land having an appropriate General Plan land use designation provided that the City Council finds that such inapplicability is in the interest of the public health, safety and/or welfare, for reasons specified in the findings. Such reasons may include, but are not limited to, that the Fee as it would apply to such development by a public entity will be sufficiently recovered in whole or in part from residential development, the residents of which may constitute the primary users of the public entity development.

Purpose The Purpose of the City Facilities Development Impact Fee is to provide funds for the construction and implementation of improvements to current community facilities to accommodate the needs generated by future development including:

a. To pay for design, engineering, right-of-way or land acquisition and construction and/or acquisition of the Facilities and reasonable costs of outside consultant studies related thereto;

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b. To reimburse the City for the Facilities constructed by the City with funds from other sources including funds from other public entities, unless the City funds were obtained from grants or gifts intended by the grantor to be used for the Facilities.

c. To reimburse developers who have designed and constructed any of the Facilities with

prior City approval and have entered into an agreement; and d. To pay for and/or reimburse costs of program development and ongoing administration

and maintenance of the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee.

The Facilities, which are specifically described in Chapter III and Appendices A through O of the Mitigation Fee Act Nexus Report & Quimby Act In-Lieu Fee Report (Municipal Resource Group, August 2012), include the following:

• Construct City Hall • Construct corporation yard facilities • Install VOIP system • Purchase Public Works, Parks, and administrative pool vehicles • Purchase technology equipment • Relocate and construct Fire Station #1 • Refurbish Fire Station #2 and Fire Station #3 • Purchase Advanced Life Support (ALS) ambulance • Purchase firefighter protective gear • Construct Police Station • Install communications tower • Purchase police officer equipment • Purchase patrol vehicles • Construct aquatic facility • Expand library facility • Expand community center facility

Annual Economic Adjustment The City Facilities Development Impact Fee will escalate or decrease annually by the same percentage as the latest “Engineering News Record Construction Cost Index – 20 City Average” (“Index”) annually escalates or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of adoption of the Fee, or the Index used for the prior adjustment of the Fee. The Finance Director shall compute the increase or decrease in such Fee. The first adjustment will take effect on July 1, 2014 and each subsequent July 1st. Municipal Code Chapter 19.04 Resolution 2012-121 N.C.S.

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Commercial Development Housing Linkage Fee

Amount of Fee The amount of fee is based on the following schedule.

COMMERCIAL DEVELOPMENT HOUSING LINKAGE FEE

Land Use Type Fee Unit of Measurement Commercial $2.08 square foot of building space Retail $3.59 square foot of building space Industrial $2.15 square foot of building space

Application and Calculation of Fee

a. Payment of Fees Required. Every person constructing or causing to be constructed within the city nonresidential development projects and/or expanded nonresidential development projects shall pay to the city a fee computed as set out above.

b. Determination of Land Uses. For the purposes of this fee, nonresidential land uses shall be divided into three classifications: commercial, retail, and industrial. When necessary, the Director of Community Development or such other person as may be designated by the City Manager shall determine the land use classification that most accurately describes the nonresidential development, or in the case of mixed use developments, the portion thereof, for the purposes of determining the fee to be imposed.

c. Time of Collection. Such fees shall be due and payable prior to issuance of a building permit.

Inapplicability of Fee

The Fee shall not apply to public facilities, public and private schools, and churches.

Purpose

Monies collected shall be used in accordance with and in support of activities to implement the city’s adopted housing element, consolidated plan, and implementation plan. Activities shall be limited to direct expenditures for the development of affordable housing as defined herein or incidental non-capital expenditures related to such projects, including but not limited to land acquisition, applicable predevelopment costs, construction, rehabilitation, subsidization, counseling or assistance to other governmental entities, private organizations or individuals to expand affordable housing opportunities to low- and moderate-income households, and ongoing administration and maintenance of the Commercial Development Housing Linkage Fee program, including expenditures for the cost of studies, legal costs, and other costs of administering, maintaining and updating the program. Monies in the fund may be disbursed, hypothecated, collateralized, or otherwise employed for these purposes from time to time as the city council so determines is appropriate to accomplish the purposes of the affordable housing fund. These uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, predevelopment loan funds; participation leases, loans to develop affordable

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housing or other public/private partnership arrangements. The affordable housing funds may be expended for the benefit of both rental and owner-occupied housing.

Annual Economic Adjustment The Commercial Development Housing Linkage Fee will escalate or decrease annually by the same percentage as the latest “Engineering News Record Construction Cost Index – 20 City Average” (“Index”) annually escalates or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of adoption of the Fee, or the Index used for the prior adjustment of the Fee. The Finance Director shall compute the increase or decrease in such Fee. The first adjustment will take effect on July 1, 2014 and each subsequent July 1st.

Municipal Code Chapter 19.36 Resolution 2011-071 N.C.S.

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Open Space Acquisition Fee Amount of Fee The amount of fee is based on the following schedule.

OPEN SPACE ACQUISITION FEE

Land Use Type Fee Unit of Measurement Single Family Residential $379 Unit Multifamily Residential $255 Unit Accessory Dwelling $130 Unit Commercial $72 1,000 sq ft of building space Office $69 1,000 sq ft of building space Industrial $44 1,000 sq ft of building space









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2. Any replacement or reconstruction of an existing residential structure that has been destroyed or demolished, if the building permit for reconstruction is obtained within one year after the building was destroyed or demolished. This subsection shall not apply if the replacement or reconstruction increases the square footage of the structure by 50 percent (50%) or more.





Purpose The Purpose of the Open Space Land Acquisition Fee is to provide funding to achieve the City’s goal of maintaining existing service levels and to provide adequate open space amenities for Petaluma residents and employees as established in the General Plan and to accommodate the needs generated by future development including:



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c. To reimburse developers who have designed and constructed any of the Facilities with prior City approval and have entered into an agreement; and

d. To pay for and/or reimburse costs of program development and ongoing administration and maintenance of the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee.

The Facilities, which are specifically described in Chapter VII and Appendix T of the Mitigation Fee Act Nexus Report & Quimby Act In-Lieu Fee Report (Municipal Resource Group, August 2012), include the following:

• Acquisition of 14.07 acres of open space land

Annual Economic Adjustment The Open Space Acquisition Fee will escalate or decrease annually by the same percentage as the latest “Engineering News Record Construction Cost Index – 20 City Average” (“Index”) annually escalates or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of adoption of the Fee, or the Index used for the prior adjustment of the Fee. The Finance Director shall compute the increase or decrease in such Fee. The first adjustment will take effect on July 1, 2014 and each subsequent July 1st. Municipal Code Chapter 19.08 Resolution 2012-123 N.C.S.

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Park Land Acquisition Fee (Quimby and Non-Quimby Act Projects) Amount of Fee The amount of fee is based on the following schedule.

PARK LAND ACQUISITION FEE

Land Use Type Fee Unit of Measurement Single Family Residential $1,616 Unit Multifamily Residential $1,093 Unit Accessory Dwelling $554 Unit Commercial $306 1,000 sq ft of building space Office $293 1,000 sq ft of building space Industrial $186 1,000 sq ft of building space









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Purpose The Purpose of the Park Land Acquisition Fee is to provide funding to achieve the City’s goal of maintaining existing service levels and to provide adequate park land for Petaluma residents and employees as established in the General Plan and to accommodate the needs generated by future development including:


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The Facilities, which are specifically described in Chapter VII and Appendix T of the Mitigation Fee Act Nexus Report & Quimby Act In-Lieu Fee Report (Municipal Resource Group, August 2012), include the following:

• Acquisition of 103 acres of park land.

Annual Economic Adjustment The Park Land Acquisition Fee will escalate or decrease annually by the same percentage as the latest “Engineering News Record Construction Cost Index – 20 City Average” (“Index”) annually escalates or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of adoption of the Fee, or the Index used for the prior adjustment of the Fee. The Finance Director shall compute the increase or decrease in such Fee. The first adjustment will take effect on July 1, 2014 and each subsequent July 1st.

Municipal Code Chapter 20.34 (Quimby Act) Municipal Code Chapter 19.12 (Non-Quimby Act) Resolution 2012-124 N.C.S. (Non-Quimby Act)

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Park Land Development Impact Fee Amount of Fee The amount of fee is based on the following schedule.

PARK LAND DEVELOPMENT IMPACT FEE

Land Use Type Fee Unit of Measurement Single Family Residential $5,212 Unit Multifamily Residential $3,510 Unit Accessory Dwelling $1,788 Unit Commercial $987 1,000 sq ft of building space Office $944 1,000 sq ft of building space Industrial $601 1,000 sq ft of building space









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Purpose The Purpose of the Park Land Development Fee is to provide funding for adequate community and neighborhood park facilities to meet the broad range of needs of Petaluma residents and employees as established in the General Plan to accommodate the needs generated by future development including:


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Facilities, which are specifically described in Chapter IV and Appendix Q of the Mitigation Fee Act Nexus Report & Quimby Act In-Lieu Fee Report (Municipal Resource Group, August 2012), include the following:

• Construction of 43.63 acres of community parks • Construction of 29.01 acres of neighborhood parks

Annual Economic Adjustment The Park Land Development Impact Fee will escalate or decrease annually by the same percentage as the latest “Engineering News Record Construction Cost Index – 20 City Average” (“Index”) annually escalates or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of adoption of the Fee, or the Index used for the prior adjustment of the Fee. The Finance Director shall compute the increase or decrease in such Fee. The first adjustment will take effect on July 1, 2014 and each subsequent July 1st.


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Traffic Development Impact Fee Amount of Fee The amount of fee is based on the following schedule.

TRAFFIC DEVELOPMENT IMPACT FEE

Land Use Type Fee Unit of Measurement Single Family Residential $18,978 Unit Multifamily Residential $11,650 Unit Accessory Dwelling $5,261 Unit Senior Housing $5,073 Unit Office $18,199 1,000 sq ft of building space Hotel/Motel $11,086 Room Commercial/Shopping $17,522 1,000 sq ft of building space Industrial/Warehouse $12,928 1,000 sq ft of building space Education $2,894 Student Institution $6,718 1,000 sq ft of building space








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1. Any alteration or addition to a residential structure, except to the extent that a residential unit is added to a single family residential unit or another unit is added to an existing multi-family residential unit.






Purpose The Purpose of the Traffic Development Impact Fee is to provide funding to achieve the City’s goal of maintaining existing traffic service levels and to provide traffic facilities to mitigate the traffic impacts of new development within the City, consistent with the land use and transportation polices of the General Plan, by developing an overall transportation system that will accommodate the City’s expected future traffic demand and to accommodate the needs generated by future development including:


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Facilities, which are specifically described in Table 3-3 of the Traffic Mitigation Fee Program Update (Fehr & Peers, August 2012), include the following:

• Rainier Avenue Extension and interchange (locally preferred alternative) • Caulfield Lane Extension • Old Redwood Highway Interchange Improvements • Caulfield Lane/Payran Street Intersection Improvements • Petaluma Boulevard/Magnolia Avenue/West Payran Street Intersection • Construction of New Intersections throughout the City • Traffic Signal Upgrades throughout the City • Pedestrian/Bicycle Improvements throughout the City • Transit Improvements throughout the City • Redevelopment Supplement

Annual Economic Adjustment The Traffic Development Impact Fee will escalate or decrease annually by the same percentage as the latest “Engineering News Record Construction Cost Index – 20 City Average” (“Index”) annually escalates or decreases. The adjustment shall be based on a comparison of the most recent Index to the Index in the month of adoption of the Fee, or the Index used for the prior adjustment of the Fee. The Finance Director shall compute the increase or decrease in such Fee. The first adjustment will take effect on July 1, 2014 and each subsequent July 1st.


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Wastewater Capacity Fee

Amount of Fee The amount of the Fee is based on the following schedules for residential and nonresidential uses:

WASTEWATER CAPACITY FEE – RESIDENTIAL

Type of Residence Fee Unit of Measurement

Single Family Residential $7,166 Unit

Multifamily Residential $4,744 Unit

Accessory Dwelling $2,636 Unit

WASTEWATER CAPACITY FEE – NONRESIDENTIAL

Type of Business/Industry Unit

Flow (gpd)

BOD (ppd)

TSS (ppd) Charge

Auto repair Per service bay 30 0.063 0.063 $919.44 Bakery 1,000 sq. ft 150 0.313 0.313 $4,597.21 Barber 1,000 sq. ft 40 0.083 0.083 $1,225.92 Bowling alley Per alley 150 0.313 0.313 $4,597.21 Church 1,000 sq. ft 60 0.125 0.125 $1,838.88 Convalescent home Per room 90 0.188 0.188 $2,758.33 Grocery w/ disposal 1,000 sq. ft 60 0.125 0.125 $1,838.88 Grocery w/o disposal 1,000 sq. ft 60 0.125 0.125 $1,838.88 Halls (no food service) 1,000 sq. ft 90 0.188 0.188 $2,758.33 Hospitals Per bed 175 0.365 0.365 $5,363.41 Hotels and motels with restaurants Per room 90 0.188 0.188 $2,758.33 Hotels and motels w/o restaurant Per room 90 0.188 0.188 $2,758.33 Misc Comm/Industrial 1,000 sq. ft 60 0.125 0.125 $1,838.88 Mortuary 1,000 sq. ft 60 0.125 0.125 $1,838.88 Offices, medical and professional 1,000 sq. ft 60 0.125 0.125 $1,838.88 Restaurants 1,000 sq. ft 900 1.877 1.877 $27,583.25 Restaurants, fast food 1,000 sq. ft 570 1.188 1.188 $17,469.39 Retail 1,000 sq. ft 60 0.125 0.125 $1,838.88 School Per 100 students 560 1.168 1.168 $17,162.91 Service station Per fuel pump 30 0.063 0.063 $919.44 Spas and health clubs Per shower head 90 0.188 0.188 $2,758.33 Taverns/bars Per seat 20 0.042 0.042 $612.96 Theater 1,000 sq. ft 90 0.188 0.188 $2,758.33

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Nonresidential Calculation

Formula. The wastewater capacity fee for nonresidential users shall be based upon the daily flow, BOD and TSS of the wastewater being discharged, except the minimum fee shall be same for residential users. These three parameters shall be applied as outlined in the table above.

Wherein, DF = Customer’s Daily Flow (gallons per day) BOD = Customer’s Daily Concentration of BOD (ppd) TSS = Customer’s Daily Concentration of TSS (ppd)

Loading Parameters. Values for DF, BOD and TSS shall be estimated using the above table. The “Type of Business/Industry” to be used as the basis for the calculation shall be as determined by the Director or his/her designee. Loading parameters for uses not listed in the table shall be as determined by the Director. Reconciliation. After connection, the City may, at the request of the Non-Residential User, monitor and track the customer’s flow based on water use meter readings for a reconciliation period not to exceed one year. After the reconciliation period, the City may, upon request from the Non-Residential User, recalculate the capacity fee using the BOD and TSS values estimated in the table above and the actual average flows as monitored and recorded by the City.

o Difference Less Than or Equal to $250. If the difference between the recalculated capacity fee and the original capacity fee is less than or equal to $250, no reconciliation shall be made.

o Difference of $251 or More. If the recalculated capacity fee exceeds the original capacity fee paid by $251 or more, the customer shall pay the total difference between the original capacity fee paid and the recalculated capacity fee. If the recalculated capacity fee is less than the original capacity fee paid by $251 or more, the City shall refund the total difference between the original capacity fee paid and the recalculated capacity fee.

Capacity Fee on Rebuilding, Remodeling or Expansion of Existing Non-Residential User Facilities. In the event of any expansion, remodeling or rebuilding of any non-residential building, structure, or premises, currently connected to the wastewater system, in a manner which increases the loading parameters, an additional capacity fee shall be due. In no instance shall a refund be granted if the rebuilding, remodeling or expansion of a Non-Residential User facility decreases the size of the building or the loading parameters. The additional capacity fee for the expansion, remodeling or rebuilding of any non-residential building, structure, or premises, currently connected to the wastewater system, in a manner which increases the loading parameters, shall be calculated as follows:

ACF = NCF – OCF Wherein, “ACF” is the additional capacity fee; “NCF” is the new capacity fee with the values of the loading parameters (DF,

BOD and TSS) to be determined based on the facility after the expansion,

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remodeling or rebuilding (note: this is not to be the incremental increase in loading – it is to represent the total loading of the facility); and

“OCF” is the old capacity fee calculated with the values of the loading parameters to be based on the facility prior to any expansion, remodeling or rebuilding.

Industrial Relocation. This provision shall not be applied to a non-residential property or building that was formerly used for an industrial operation that has vacated the premises, relocated to a different parcel, and has received a relocation credit per the Allowance for Industrial Relocation Credit section below.

Computation and Payment of Capacity Fees.

1. General. The Director or his/her designee shall compute all fees as set forth in the

resolution. Payment for the capacity fees shall be made in full prior to connection to the wastewater utility, or discharge of wastewater from the facility if there is already a capacity to the wastewater utility.

2. Mixed Use. Parcels that mix Residential Users and Non-Residential Users must be

separately metered so Residential Users are served by a meter(s) that is separate from the meter(s) serving Non-Residential Users.

Allowance for Industrial Relocation Credit.

1. Qualification for Industrial Relocation Credit

A. Applicability. This section shall apply to Industrial Wastewater only, not to domestic wastewater. If the transfer of an industry discharging Industrial Wastewater to a different parcel of land does not impose any additional burden on the City’s wastewater utility, a credit, which shall be referred to as a relocation credit, may be allowed, provided that:

1. Same Operation. Essentially the same industrial operation, as determined by the

Director, has been transferred from one parcel to another and such operation was previously connected to the City’s wastewater utility;

2. Ownership. The same person now making claim to the relocation credit owned

the industrial operation prior to the transfer and will continue to own the industrial operation at the new location.

3. Abandonment. The owner has demonstrated to the satisfaction of the City that

the industrial operation has been abandoned from the parcel from which the transfer has occurred, or presented a certification in writing that such industrial operation will be abandoned within six (6) months of the City approving an application for connection. Should the industrial operation not be abandoned within the prescribed period, the relocation credit shall be revoked and a capacity fee, with respect to the parcel to which the industrial operation transferred, shall be due and payable as of the date said parcel was connected to the City’s wastewater utility.

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4. Disconnection. The connection to the wastewater utility at the prior parcel has been disconnected and capped, the meter has been removed, and the account closed. Any subsequent use of the prior parcel requiring connection to the wastewater system will pay a new wastewater capacity fee in accordance with this resolution.

5. Capacity. There is adequate capacity in the City’s wastewater utility to

accommodate connection of the industrial operation to be transferred.

B. Basis for Relocation Credit. If the loading parameters (DF, BOD, TSS) for the industrial operation at its new location are equivalent to the loading parameters for the industrial operation at its prior location, no additional capacity fee shall be applied. If the loading parameters for the industrial operation at its new location will be increased over the loading parameters for the industrial operation at its prior location, then an additional capacity fee shall be calculated.

Capacity Fees for Restaurants and Laundromats Using Best Available Technology. If a restaurant or laundromat applies for a wastewater capacity fee and installs and continues to use the most water efficient hardware, fixtures, and systems (Best Available Technology) as determined by the Director, the wastewater capacity fee will be 50% less than the fee determined in the table.

Time for Fee Payment A Fee shall be charged and paid for each Development upon issuance of the building permit for such Development, subject to applicable law. Purpose The Fee is calculated based on the relationship between the value of the City’s existing wastewater facilities, and the value of upgrades and additional capacity needed to serve new users, and allocates to new wastewater system customers their fair share of the cost of existing and future wastewater improvements needed to serve the new customers. The Fee includes the buy-in component for existing facilities and projected capital expenditures that strictly benefit new customers, as described in detail in Appendix A of the Report (Water & Wastewater Capacity Charge Memo, Bartle Wells Associates, August 2012), as well as in the City’s capital improvement plan. The Report establishes that wastewater system improvements are required, and justifies the changes in the wastewater capacity charge based on the amount required to “buy into” existing facilities and anticipated City capital expenditures. The Report explains how the capacity charges are calculated on the basis of capital costs related to the upgrades and expansion of the wastewater system required by the addition of future connections. The Fee is necessary to cover the City’s cost of improvements required to serve anticipated future connections. Revenues and interest shall be used only for the Facilities and the purposes for which the Fee was collected, which are the following:

a. To pay for acquisition of the Facilities;

b. To pay for design, engineering, construction of and property acquisition for, and reasonable costs of outside consultant studies related to, the Facilities;

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c. To reimburse the City for the Facilities constructed by the City with funds from other sources including funds from other public entities, unless such funds were obtained from grants or gifts intended by the grantor to be used for the Facilities.

d. To reimburse developers that have designed and constructed any of the Facilities with prior City approval and have entered into an agreement; and

e. To pay for and/or reimburse costs of program development and ongoing administration and maintenance of the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee.

Annual Economic Adjustment On July 1st of each year commencing on July 1, 2014, the Wastewater Capacity Fee shall be adjusted to account for increases or decreases based on the Engineering News Record Construction Cost Index for the San Francisco area from December for the second prior calendar year to December for the prior calendar year.

Municipal Code Chapter 15.72 Municipal Code Chapter 19.32 Resolution 2012-127 N.C.S.

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Water Capacity Fee

Amount of Fee A Fee shall be levied for each new water meter connecting to the City water system according to the size of the meter as shown in the following table.

Time for Fee Payment

A Fee shall be charged and paid for each Development upon issuance of the building permit for such Development.

Rebuilding, Remodeling or Expansion of Existing Non-Residential User Facilities In the event of any expansion, remodeling or rebuilding of any non-residential building, structure, or premises, currently connected to the water system, in a manner which increases the size of the meter, an additional Fee shall be due. In no instance shall a refund be granted if the rebuilding, remodeling or expansion of a Non-residential User facility decreases the size of the building or the meter. The additional Fee for the expansion, remodeling or rebuilding of any non-residential building, structure, or premises, currently connected to the water system, in a manner which increases the size of the meter shall be calculated as follows:

ACF = NCF – OCF Wherein, • “ACF” is the additional Fee; • “NCF” is the new Fee with the size of the meter to be determined based on the

facility after the expansion, remodeling or rebuilding; and • “OCF” is the old Fee calculated with the size of the meter used at the facility prior to

any expansion, remodeling or rebuilding. Industrial Relocation This provision shall not be applied to a non-residential property or building that was formerly used for an industrial operation that has vacated the premises, relocated to a different parcel, and/or has received a relocation credit per the following:

Water Capacity Fee Meter Size (inches) Fee ¾ $3,488 1 (residential) $3,488 1 (nonresidential) $5,825 1 ½ $11,615 2 $18,591 3 $34,880 4 $58,145 6 $115,104

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Allowance for Industrial Relocation Credit

a. Applicability. This section shall apply to Industrial customers only. If the transfer of an industry, using water, to a different parcel of land does not impose any additional burden on the City’s water utility, a credit, which shall be referred to as a relocation credit, may be allowed, provided that: i. Same Operation. Essentially the same industrial operation, as determined by the Director,

has been transferred from one parcel to another and such operation was previously connected to the City’s water utility;

ii. Ownership. The same person now making claim to the relocation credit owned the industrial

operation prior to the transfer and will continue to own the industrial operation at the new location.

iii. Abandonment. The owner has demonstrated to the satisfaction of the City that the industrial

operation has been abandoned from the parcel from which the transfer has occurred, or presented a certification in writing that such industrial operation will be abandoned within six (6) months of the City approving an application for connection. Should the industrial operation not be abandoned within the prescribed period, the relocation credit shall be revoked and a capacity fee, with respect to the parcel to which the industrial operation transferred, shall be due and payable as of the date said parcel was connected to the City’s water utility.

iv. Disconnection. The connection to the water utility at the prior parcel has been disconnected

and capped, the meter has been removed, and the account closed. Any subsequent use of the prior parcel requiring connection to the water system will pay a new water capacity fee in accordance with this resolution.

v. Capacity. There is adequate capacity in the City’s water utility to accommodate connection

of the industrial operation to be transferred.

b. Basis for Relocation Credit. If the meter size for the industrial operation at its new location is equivalent to the meter size for the industrial operation at its prior location, no additional capacity fee shall be applied. If the meter size for the industrial operation at its new location will be increased over the meter size for the industrial operation at its prior location, then an additional capacity fee shall be calculated.

Purpose

The Fee is calculated based on the relationship between the value of the City’s existing water facilities, and the value of upgrades and additional capacity needed to serve new users, and allocates to new water system customers their fair share of the cost of existing and future water improvements needed to serve the new customers. The Fee includes the buy-in component for existing facilities and projected capital expenditures that strictly benefit new customers, as described in the Report (Water & Wastewater Capacity Charge Memo, Bartle Wells Associates, August 2012), and the Urban Water Management Plan (“UWMP”), which plans are incorporated by reference, as well as in the City’s capital improvement plan. The UWMP establishes that water system improvements are required, and justifies the changes in the water capacity charge based on the amount required to “buy into” existing facilities and anticipated City capital expenditures. The Report explains how the capacity charges are calculated on the basis of capital

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costs related to the upgrades and expansion of the water system required by the addition of future connections. The Fee is necessary to cover the City’s cost of improvements required to serve anticipated future connections.

Revenues and interest shall be used only for the Facilities and the purposes for which the Fee was collected, which are the following:

a. To pay for acquisition of the Facilities;

b. To pay for programs, measures, design, engineering, construction of and property acquisition for, and reasonable costs of outside consultant studies related to, the Facilities;

c. To reimburse the City for the Facilities constructed by the City with funds from other sources including funds from other public entities, unless such funds were obtained from grants or gifts intended by the grantor to be used for the Facilities.

d. To reimburse developers that have designed and constructed any of the Facilities with prior City approval and have entered into an agreement; and,

e. To pay for and/or reimburse costs of program development and ongoing administration and maintenance of the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee.

Annual Economic Adjustment On July 1st of each year commencing on July 1, 2014, the Water Capacity Fee shall be adjusted to account for increases or decreases based on the Engineering News Record Construction Cost Index for the San Francisco area from December for the second prior calendar year to December for the prior calendar year.

Municipal Code Chapter 15.08 Municipal Code Chapter 19.28 Resolution 2012-126 N.C.S.

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IN-LIEU CONTRIBUTIONS FOR PROVISION OF VERY LOW, LOW, AND MODERATE INCOME HOUSING

Purpose An in-lieu contribution to the Housing Fund is an option for developers to comply with Program 4.4 of the 2009-2014 Housing Element of the Petaluma General Plan 2025, which states: Continue to require residential projects of five or more units to contribute to the provision of below-market-rate housing in one of the following ways:

a. Within a half-mile radius of the planned SMART stations, the developer shall provide at least 15 percent of the units in a rental housing project at rents affordable to very low- and low-income households and 15 percent of the units in a for-sale project at prices affordable to low- and moderate-income households for a minimum period of 30 years.

b. Dedicate a portion of the project site or property elsewhere to the City or a non-profit organization for use as a site for affordable housing. This option is allowed only if the city or a non-profit agency has a pending project.

c. When the project is non-transit oriented, the developer can make an in-lieu

payment to the City’s Housing Fund.

d. Use alternative methods to meet the intent of the inclusionary requirement, subject to approval by the City Council.

The City will use the funds collected in a comprehensive program to assist in the provision of low and very low-income housing opportunities in Petaluma.

Applicability This policy applies to residential developments with five units or more.

Time of Payment In-lieu contributions shall be collected on behalf of the City of Petaluma at the time the escrow is closed on for-sale homes and at time of final inspection and issuance of a certificate of occupancy for multi-family properties. A recorded agreement establishes terms of payment.

Amount of Fee The amount of the fee is as outlined in the following table and is based on the square footage of each residential unit in the subdivision. Resolution 2003-241 N.C.S.

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Housing In-Lieu Fee Schedule (5 units or more – based on square footage):

Sq. Ft Fee Sq. Ft Fee Sq. Ft Fee Sq. Ft. Fee Sq. Ft Fee 640 $2400 1060 $4224 1480 $6246 1900 $8465 2320 $10881 650 $2441 1070 $4270 1490 $6296 1910 $8520 2330 $10941 660 $2482 1080 $4316 1500 $6347 1920 $8576 2340 $11001 670 $2524 1090 $4362 1510 $6398 1930 $8631 2350 $11062 680 $2565 1100 $4408 1520 $6449 1940 $8687 2360 $11122 690 $2607 1110 $4454 1530 $6500 1950 $8742 2370 $11182 700 $2649 1120 $4501 1540 $6551 1960 $8798 2380 $11243 710 $2690 1130 $4547 1550 $6602 1970 $8854 2390 $11303 720 $2732 1140 $4594 1560 $6653 1980 $8910 2400 $11364 730 $2774 1150 $4641 1570 $6705 1990 $8966 2410 $11425 740 $2816 1160 $4688 1580 $6756 2000 $9022 2420 $11486 750 $2859 1170 $4735 1590 $6808 2010 $9079 2430 $11547 760 $2901 1180 $4782 1600 $6860 2020 $9135 2440 $11608 770 $2944 1190 $4829 1610 $6912 2030 $9192 2450 $11670 780 $2986 1200 $4876 1620 $6964 2040 $9249 2460 $11731 790 $3029 1210 $4924 1630 $7016 2050 $9305 2470 $11792 800 $3072 1220 $4971 1640 $7068 2060 $9362 2480 $11854 810 $3115 1230 $5019 1650 $7120 2070 $9419 2490 $11916 820 $3158 1240 $5066 1660 $7173 2080 $9476 2500 $11978 830 $3201 1250 $5114 1670 $7225 2090 $9534 2510 $12040 840 $3244 1260 $5162 1680 $7278 2100 $9591 2520 $12102 850 $3287 1270 $5210 1690 $7331 2110 $9649 2530 $12164 860 $3331 1280 $5259 1700 $7384 2120 $9706 2540 $12226 870 $3374 1290 $5307 1710 $7437 2130 $9764 2550 $12289 880 $3418 1300 $5355 1720 $7490 2140 $9822 2560 $12351 890 $3462 1310 $5404 1730 $7543 2150 $9880 2570 $12414 900 $3506 1320 $5452 1740 $7596 2160 $9938 2580 $12476 910 $3550 1330 $5501 1750 $7650 2170 $9996 2590 $12539 920 $3594 1340 $5550 1760 $7703 2180 $10054 2600 $12602 930 $3638 1350 $5599 1770 $7757 2190 $10112 2610 $12665 940 $3683 1360 $5648 1780 $7811 2200 $10171 2620 $12729 950 $3727 1370 $5697 1790 $7865 2210 $10229 2630 $12792 960 $3772 1380 $5747 1800 $7919 2220 $10288 2640 $12855 970 $3817 1390 $5796 1810 $7973 2230 $10347 2650 $12919 980 $3861 1400 $5846 1820 $8027 2240 $10406 2660 $12982 990 $3906 1410 $5895 1830 $8081 2250 $10465 2670 $13046 1000 $3951 1420 $5945 1840 $8136 2260 $10524 2680 $13110 1010 $3997 1430 $5995 1850 $8190 2270 $10583 2690 $13174 1020 $4042 1440 $6045 1860 $8245 2280 $10643 2700 $13238 1030 $4087 1450 $6095 1870 $8300 2290 $10702 2710 $13302 1040 $4133 1460 $6145 1880 $8355 2300 $10762 2720 $13367 1050 $4178 1470 $6195 1890 $8410 2310 $10822 2730 $13431

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Sq. Ft Fee Sq. Ft Fee Sq. Ft Fee Sq. Ft. Fee Sq. Ft Fee 2740 $13496 3180 $16446 3620 $19613 2750 $13560 3190 $16515 3630 $19687 2760 $13625 3200 $16585 3640 $19762 2770 $13690 3210 $16655 3650 $19837 2780 $13755 3220 $16725 3660 $19912 2790 $13820 3230 $16795 3670 $19986 2800 $13885 3240 $16865 3680 $20062 2810 $13950 3250 $16935 3690 $20137 2820 $14016 3260 $17006 3700 $20212 2830 $14081 3270 $17076 3710 $20287 2840 $14147 3280 $17147 3720 $20363 2850 $14213 3290 $17217 3730 $20438 2860 $14279 3300 $17288 3740 $20514 2870 $14345 3310 $17359 3750 $20590 2880 $14411 3320 $17430 3760 $20666 2890 $14477 3330 $17501 3770 $20742 2900 $14543 3340 $17572 3780 $20818 2910 $14610 3350 $17644 3790 $20895 2920 $14676 3360 $17715 3800 $20971 2930 $14743 3370 $17787 3810 $21047 2940 $14810 3380 $17859 3820 $21124 2950 $14877 3390 $17930 3830 $21201 2960 $14944 3400 $18002 3840 $21278 2970 $15011 3410 $18074 3850 $21355 2980 $15078 3420 $18146 3860 $21432 2990 $15145 3430 $18219 3870 $21509 3000 $15213 3440 $18291 3880 $21586 3010 $15280 3450 $18364 3890 $21664 3020 $15348 3460 $18436 3900 $21741 3030 $15416 3470 $18509 3910 $21819 3040 $15484 3480 $18582 3920 $21896 3050 $15552 3490 $18655 3930 $21974 3060 $15620 3500 $18728 3940 $22052 3070 $15688 3510 $18801 3950 $22130 3080 $15756 3520 $18874 3960 $22209 3090 $15825 3530 $18947 3970 $22287 3100 $15893 3540 $19021 3980 $22365 3110 $15962 3550 $19095 3990 $22444 3120 $16031 3560 $19168 4000 $22500 3130 $16100 3570 $19242 3140 $16169 3580 $19316 3150 $16238 3590 $19390 3160 $16307 3600 $19464 3170 $16376 3610 $19539

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STORM DRAINAGE IMPACT FEE Purpose In September 1982, the Petaluma City Council established the Storm Drainage Impact Fee as a means of mitigating storm drainage impacts occurring as a result of development. The criteria established provides for either the payment of fees or the construction of on- or off-site detention areas, based upon the type of project. Fees collected are used by the City for the acquisition, expansion, and development of storm drainage improvements.

Options for Compliance Residential projects which create an increase in normal runoff exceeding two-acre feet may, as determined by the City Engineer; either provide on- or off-site detention equal to the calculated increase, or pay fees. Residential projects which create an increase in normal runoff of two-acre feet or less are required to pay fees.

Commercial and industrial projects have the option of either paying fees or providing on- or off-site detention areas equal to the calculated increase in runoff.

Calculation of Fee Runoff Computation: The increase in runoff created by a given project is calculated for a 100-year storm, utilizing runoff coefficients based upon the proportion of vegetated area to impervious surfaces, and expressed in acre-feet. Runoff coefficients are based upon the type of use, slope of the land, and percent of vegetation coverage.

Commercial/Industrial: Projects pay a fee of $30,000 per acre foot of additional runoff. The amount of incremental runoff created is directly linked to the amount of landscaping provided. The maximum fee possible is $9,000 per acre of land. This would apply to a project with 20% or less landscaping. A project with 25% landscaping can expect a fee of $6,750 per acre, 30% would pay $6,300 per acre, and so on.

Residential: Projects pay a fee of $15,000 per acre foot of additional runoff. Incremental runoff is dependent upon the density of a project and the amount of landscaping and open space provided. A high density project with 20% or less area in landscaping could expect to pay $4,500 per acre. A typical detached single-family subdivision would pay approximately $1,500 per acre.

Time of Payment Flood Mitigation fees for Commercial/Industrial are calculated at time of issuance of building permit on a per-lot basis, and are paid before a building permit is issued.

Flood Mitigation fees for residential projects are calculated at Final Map. The fee is then equally dispersed over the number of units included in the Map. Payment of each unit's share is paid before a final inspection is scheduled. Municipal Code Chapter 17.30 Ordinance No. 1530 N.C.S., Ordinance No. 1547 N.C.S. Resolution No. 9564 N.C.S., Resolution No. 9565 N.C.S., Resolution No. 9751 N.C.S.

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Public Art Fee

Applicability Any project meeting the applicable definitions and intent of the ordinance receiving its required entitlements after May 4, 2005 shall be subject to the requirement to provide public art as part of the project or to pay the in-lieu fee. If a building permit is the only City approval required, then any project meeting the applicable definitions and intent of the ordinance after May 4, 2005 shall be subject to the requirement to provide public art as part of the project or to pay the in-lieu fee. Calculation of Fee The following fee will be required for all “new [non-residential] development, or the rehabilitation, renovation, remodeling or improvement of an existing building, having a construction cost as defined of $500,000.00 or more.” Compliance with the provisions of the ordinance will be determined at the time of building permit application. Those projects subject to the ordinance must either provide proof of a written contractual agreement to commission public art for the project site, or pay an in-lieu fee equal to 1% of the construction cost. Exemptions from Fee The Fee shall not be imposed on:

1. Those construction activities solely attributable to tenant improvements; 2. Underground public works projects; 3. Street or sidewalk repair; 4. Tree planting; 5. Remodeling, repair or reconstruction of structures which have been damaged by fire, flood,

wind, earthquake or other calamity; 6. Affordable housing construction, remodel, repair or reconstruction projects; 7. Seismic retrofit projects as defined by Petaluma Municipal Code Chapter 12.34; 8. Construction, remodel, repair or reconstruction of structures owned and occupied by public-

serving social service and non-profit agencies; 9. Utility pump stations and reservoirs; 10. Fire sprinkler installation projects as defined by Petaluma Municipal Code Section 17.20.070.

Ordinance No. 2202 N.C.S.

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NOTE: The following fees are associated with development that occurs only within the Central Petaluma Specific Plan designated area:

CENTRAL PETALUMA SPECIFIC PLAN FEE

This fee will be charged to all applications requiring governmental approvals subject to the provisions of the Central Petaluma Specific Plan and the adopted land use and development regulations (the “Smart Code”). The fee will be as follows:

Per acre of land: $2,125.00

Said fee shall not apply to the following types of applications:

• Tenant improvements within an existing structure when there is no accompanying change in use. • Adaptive reuse of a designated historic structure.

Resolution No. 2003-106 N.C.S.

CPSP IN-LIEU PARKING FEE

The parking in-lieu fee shall be set initially at $20,000 per parking space. Thereafter, the fee schedule for the City’s parking in-lieu fees shall be reviewed and adjusted annually by the Director, with adjustments to the fee schedule coming into force on July 1 of each year. Considerations in setting this fee schedule shall include (but are not limited to) the incremental cost to add additional parking spaces in the area surrounding the site.

Ordinance No. 2152 N.C.S.

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SCHOOL FACILITIES FEE

Purpose The purpose of the "School Facilities Fee/Dedication Ordinance" is to provide a method for providing sites and/or financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

Calculation of Fee The following is a list of districts collecting school facilities fees:

District Phone Address

Cinnabar (707) 765-4345 286 Skillman Lane, Petaluma, CA 94952

Old Adobe (707) 765-4321 845 Crinella Drive, Petaluma, CA 94954

Petaluma (707) 778-4813 200 Douglas Street, Petaluma, CA 94952

Waugh (707) 765-3331 1851 Hartman Lane, Petaluma, CA 94954

Time of Payment

School facilities fee is paid prior to issuance of a building permit.

All fees are paid directly to the Elementary School District Office of the District in which the project is located. A signed Certificate of Compliance is required from each applicable district.

Municipal Code Chapter 17.28 Ordinance No. 1377 N.C.S. Ordinance No. 1512 N.C.S. Resolution No. 84-165 N.C.S. Resolution No. 85-183 N.C.S. Resolution No. 85-184 N.C.S. Resolution No. 87-7 N.C.S. Resolution No. 87-25 N.C.S.

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ADMINISTRATION

The following fee administration components are common to the majority of the resolutions, for additional detail consult the individual fee resolutions.

Designation of Developments

Nonresidential developments, other than Mixed Use Developments (but including non-residential developments within Mixed Use Developments) that are not within the definition of a use defined in the Fee resolutions shall be assigned to one of the defined use categories by the City Manager for purposes of imposition and charging of the Fee. The City Manager, or his designee, shall assign such categories as consistently as possible with the definitions of such categories established pursuant to the resolutions or as later amended by the City Council. The City Manager may also designate Development as Multifamily or Single-Family based on the actual number of dwelling units per structure within the development.

Credits and Reimbursement for Developer Constructed Facilities The City and a developer may enter into an improvement agreement to allow the developer to construct certain of the Facilities. Entering such an agreement is in the City’s sole discretion. Such agreement shall provide for security for the developer’s commitment to construct the Facilities and shall refer to this resolution for credit and reimbursement. If the City enters into such an agreement with a developer prior to construction of one or more of the Facilities, the City shall provide the developer a credit in accordance with the following:

a. Credit Amount. The credit shall be in the amount of the lowest bid received for construction of the

facility, as approved by the City Engineer. However, in no event shall a credit pursuant to this provision exceed the current facility cost. For the purposes of this section, such current facility cost shall be the amount listed in the Report for the particular facility, as subsequently adjusted pursuant to Sections 13 and 14 of this Resolution prior to issuance of the building permit for that facility. Once issued, credit pursuant to this section shall not be adjusted for inflation or any other factor. Credit provided pursuant to this section is not transferable.

b. Application of Credit. Developers may apply credit given pursuant to this section against the Fee applicable to a

particular project until the credit is exhausted or an excess credit results. The total credit shall be divided by the number of units or square footage of building space (or combination thereof for a Mixed Use Development) to determine the amount of credit which can be applied against the Fee for each unit of measurement and, if the credit per unit of measure is less than the Fee per unit of measurement, the developer shall pay the difference for each residential unit or square footage of building space.

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c. Reimbursement for Excess Credit. Reimbursement for excess credit shall only be from remaining unspent Fee revenues.

Once all the Facilities have been constructed or acquired, and to the extent Fee revenues are sufficient to cover all claims for reimbursement of Fee revenues, including reimbursement for excess credit, developers with excess credit shall be entitled to reimbursement, subject to such developers certifying in writing to the City that the cost of constructing the facility that resulted in an excess credit was not passed on to homeowners, and indemnifying the City from land-owner claims for reimbursement under the Mitigation Fee Act, and Section 66001 in particular. If remaining Fee revenues after all of the Facilities have been constructed or acquired are insufficient to cover all claims for reimbursement of Fee revenues, such claims, including claims for reimbursement of excess credit, shall be reimbursed on a pro rata basis in accordance with applicable law.

Periodic Review.

a. During each fiscal year, the City Manager shall prepare a report for the City Council, pursuant to Government Code Section 66006, identifying the balance of Fee revenues in the Fee account.

b. Pursuant to Government Code Section 66002, the City Council shall also review, as part

of any adopted City Capital Improvement Plan each year, the approximate location, size, time of availability and estimates of cost for all Facilities to be financed with the Fee. The estimated costs shall be adjusted in accordance with appropriate indices of inflation. The City Council shall make findings identifying the purpose to which the existing Fee revenue balances are to be put and demonstrating a reasonable relationship between the Fee and the purpose for which it is charged.

Subsequent Analysis and Revision of the Fee. The Fees are adopted and implemented by the City Council in reliance on the Record identified for each Fee. The City may continue to conduct further study and analysis to determine whether any Fee should be revised. When additional information is available, the City Council may review the Fee to determine that the Fee amounts remain reasonably related to the impacts of development within the City of Petaluma and areas included in the City’s General Plan. The City Council may revise the Fee to incorporate findings and conclusions of further studies and any standards in General Plan and/or the General Plan EIR, as well as increases due to inflation and increased construction costs.

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DEFINITIONS

The following definitions are from the respective resolutions and/or ordinances adopted by the City Council for the purpose of establishing these fees:

• “Accessory Dwelling” shall mean a second unit which meets the standards set forth in Section 7.030 of Chapter 7, “Standards for Specific Land Uses” of the City of Petaluma Implementing Zoning Ordinance (“IZO”), as modified by any subsequent amendment or successor zoning ordinance and/or development code provision adopted by the City which defines Accessory Dwelling, second unit or second dwelling unit.”

• “Addition” shall mean adding gross square feet to an existing development project or building.

• “Affordable Housing” shall mean that total cost of monthly housing payments does not exceed thirty percent of gross household income.

• “City Manager” shall mean the city manager of the City of Petaluma or his/her designee.

• “Director of Community Development” shall mean the director of community development for

the City of Petaluma, his or her designee, or such person as the city manager may designate.

• “Commercial or Commercial/Shopping” shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, No. 2300 N.C.S., or any successor ordinance, for facilities for the purchase and sale of commodities and services and the sales, servicing, installation, and repair of such commodities and services and other uses incidental to these activities. Commercial land uses include but are not limited to: apparel and clothing stores; auto dealers and malls; auto accessories stores; banks and savings and loans; beauty salons; book stores; discount stores and centers; dry cleaners; drug stores; eating and drinking establishments; furniture stores and outlets; general merchandise stores; hardware stores; home furnishings and improvement centers; laundromats; liquor stores; service stations; shopping centers; supermarkets; bicycle shops; cameras and photographic supply stores; convenience stores; department stores; drug stores and pharmacies; jewelry stores; luggage and leather goods stores; sporting goods and equipment stores; stationery stores; collectible stores; second hand goods stores; religious goods stores; hobby materials stores; small wares stores; plant sales; bowling alleys; coin-operated amusement arcades; dance halls, clubs and ballrooms; electronic game arcades; ice skating and roller skating establishments; pool and billiard rooms; amusement and theme parks; go-cart tracks; golf driving ranges; miniature golf courses; water slides; banks and trust companies; credit agencies; holding companies; lending and thrift institutions; securities/commodity contract brokers and dealers; fueling stations and gas stations; security and commodity exchanges; vehicle finance leasing agencies; restaurants, cafés and coffee shops; and movie theatres and civic theatres.

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• “Developed” and “development” shall mean the construction or alteration of or addition to, other than by the City, of any building or structure within the City.

• “Education” shall mean educational Development as defined in the Report, that may lawfully be made subject to payment of the Fee

• “Facilities” shall include those municipal public facilities as are described in the Report related to providing general government facilities, vehicles, and equipment. “Facilities” shall also include comparable alternative facilities should later changes in projections of development in the region necessitate construction of such alternative facilities; provided that the City Council later determines (1) that there is a reasonable relationship between development within the City of Petaluma and the need for the alternative facilities; (2) that the alternative facilities are comparable to the facilities in the Reports; and (3) that the revenue from the Fee will be used only to pay new development’s fair and proportionate share of the alternative facilities.

• “Hotel/Motel” shall mean transient occupancy Development as defined in the Report.

• “Industrial or Industrial/Warehouse” shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation as established in the Implementing Zoning Code, Ordinance No. 2300 N.C.S., or any successor ordinance, for the manufacture, production, assembly, and processing of consumer goods, uses incidental to those activities, and research, development and warehousing. Industrial land uses include, but are not limited to: assembly; contractor’s storage yards; fabrication; lumber yards; manufacturing; outdoor stockyards and service yards; printing; processing; warehouses and distribution centers; wholesale and heavy commercial enterprises; clothing, fabric and other product manufacturing; electronics, equipment, and appliance manufacturing; metal products fabrication, machine and welding shops; paper product manufacturing; food and beverage product manufacturing; small-scale manufacturing; lumber and wood product manufacturing; machinery manufacturing; motor vehicle and transportation equipment manufacturing; stone and cut stone product manufacturing; structured clay and pottery product manufacturing; processing of building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or equipment; and collection, sorting and processing enterprises.

• “Institution” shall mean institutional Development as defined in the Report.

• “Mixed Development” shall mean development that includes more than one of the types of development defined in this Section 1. Mixed developments may combine residential types of development (Single Family and Multifamily), non-residential types of development (Commercial, Industrial, and Office), or a combination of residential and non-residential types of development.

• “Multifamily Residential” shall mean any residential development that does not qualify as detached single family dwelling unit development as defined in the California Building Standards Code, as adopted by the City.

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• “Office” shall mean any development constructed or to be constructed on land having a General Plan 2025 land use or zoning designation, as established in the Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S., or any successor ordinance, for general business offices, medical and professional offices, administrative or headquarters offices for large wholesaling or manufacturing operations, and other uses incidental to these activities. Office land uses include but are not limited to: administrative headquarters; business parks; finance offices; insurance offices; legal offices; medical and health services offices; office buildings; professional and administrative offices; professional associations; real estate offices; and travel agencies.

• “Redevelopment Supplement” shall mean $18.8 of the cost of the Old Redwood Highway/U.S. 101 Interchange and the Rainier Avenue/U.S. 101 Interchange Projects to which funds of the former PCDC have been committed in accordance with the Community Redevelopment Law and through cooperative agreements between the City and the Sonoma County Transportation Agency and CalTrans, the binding nature of which commitments has been disputed by the State Department of Finance pursuant to ABx1-26 as of the time of adoption of this Resolution. Such disputed former PCDC funds are referred to in this Resolution and the Report (see, e.g., Tables 3-3 and 3-11 of the Report) as the Redevelopment Supplement, and have been included in the costs of the Traffic Development Impact Fee program to ensure that Fee proceeds are sufficient to fund the Old Redwood Highway and Rainier Avenue interchange improvements in case the City is ultimately unsuccessful in obtaining confirmation from the State Department of Finance or the courts that the disputed funds are in fact a legally binding obligation of the City as successor agency to the former PCDC.

• “Senior Housing” shall mean senior housing Development as defined in the Report.

• “Single Family Residential” shall mean detached, single-family dwelling unit development as defined in the California Builders Standards Code, as adopted by the City.

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